{"id":19103,"date":"2022-06-21T11:56:04","date_gmt":"2022-06-21T18:56:04","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?page_id=19103"},"modified":"2023-10-31T15:41:33","modified_gmt":"2023-10-31T22:41:33","slug":"vehicular-manslaughter","status":"publish","type":"page","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/services\/vehicular-manslaughter\/","title":{"rendered":"Arizona Vehicular Manslaughter Attorney (ARS 13-1103)"},"content":{"rendered":"
Unlike other states, Arizona has no \u201cvehicular homicide\u201d law to cover unlawful killings related to driving. However, an Arizona resident may be prosecuted according to homicide laws in the state if they cause another person\u2019s death while driving.\u00a0<\/span><\/p>\n Some common factors that lead to a vehicular manslaughter charge are racing, excessive speed, aggressive driving, and driving under the influence. This is a serious charge that could impact the rest of your life, so seeking legal counsel is wise in the event of a manslaughter accusation.\u00a0<\/span><\/p>\n According to Arizona law, a person has committed manslaughter if they\u2019ve recklessly caused another person to die or knowingly assisted in someone else\u2019s suicide. Manslaughter can also mean committing second degree murder<\/a> in the heat of passion or an unexpected quarrel, and recklessly or knowingly causing an unborn child\u2019s death by injuring the mother.\u00a0<\/span><\/p>\n You may get a vehicular manslaughter charge in Arizona if the state believes that you (the driver) recklessly caused another person\u2019s death. It must prove that you were aware or should have known about and decided to disregard the risks involved and did not behave as a \u201creasonable person<\/a>\u201d should have in the situation.\u00a0<\/span><\/p>\n While there isn\u2019t a specific \u201cvehicular manslaughter\u201d charge in Arizona, certain driving-related violations can lead to a manslaughter charge if they cause another person\u2019s death. Here are some examples:\u00a0<\/span><\/p>\n Arizona law states that a person driving a motorized vehicle with a BAC<\/a> (blood alcohol content) of at least .08 percent may receive a DUI charge. The law is a bit stricter for commercial vehicle drivers and sets the legal limit at .04 percent. You may also receive a DUI charge<\/a> if a blood test shows that you were under the influence of certain substances. If you caused someone\u2019s death and you\u2019re found guilty of driving under the influence, it may lead to a manslaughter charge.\u00a0<\/span><\/p>\n Under Arizona law, someone may receive an aggressive driving<\/a> charge if they operate a vehicle at an unsafe speed and break at least two of these laws:<\/p>\n If you get an aggressive driving charge in Arizona and it causes another person\u2019s death, you may also receive a manslaughter conviction.<\/p>\n In Arizona, exceeding 35 miles per hour while driving in a school zone, driving faster than 85 in other areas may lead to a manslaughter charge if it causes another person\u2019s death. Similarly, exceeding the speed limit displayed in a residential or business area by 20 mile per hour or more, or at least 45 miles per hour in an area without a posted speed limit can come with a manslaughter conviction if it leads to someone\u2019s death.\u00a0<\/span><\/p>\n Any person who engages in an acceleration contest, drag race, speed competition, or racing of any kind on a highway or street may receive a reckless driving charge. If your actions cause another person to die, you may also get manslaughter.\u00a0<\/span><\/p>\n Arizona law classifies manslaughter as a \u201cdangerous,\u201d class 2 felony<\/a>, which may result in between 4 and 10 years of prison time. If the crime involved aggravated circumstances, like a BAC of .15 or more, you may get up to 21 years in prison.<\/p>\n If you\u2019ve received a manslaughter charge, proving that you weren\u2019t reckless and didn\u2019t ignore the risks involved in your actions could be a valid defense. One method for accomplishing this is investigative techniques that explore how the police determined your driving speed or how closely they followed alcohol testing protocol. Other potential defense methods are checking whether you were coerced to confess to a crime or received your Miranda Rights<\/a>. If you\u2019ve been accused of vehicular manslaughter, speaking with a skilled criminal defense attorney is essential.<\/p>\n Here are some commonly asked questions regarding manslaughter and similar offenses:<\/p>\n While they\u2019re similar crimes, negligent homicide and manslaughter aren\u2019t the same. However, a \u201cnegligence\u201d standard has to do with a deviation from an expected standard of care, while manslaughter applies a \u201crecklessness\u201d standard.<\/p>\n Both murder and manslaughter involve death, but the crimes are completely different. Murder crimes are split into two types: first and second-degree murder. A person has committed first-degree murder<\/a> when they take someone else\u2019s life in an intentional and premeditated way. Second-degree murder also involves intentionally killing another, just without the premeditation element (spontaneously).\u00a0<\/span><\/p>\n Manslaughter, on the other hand, means knowingly or intentionally killing someone in the heat of passion, intentionally killing someone under force, recklessly causing death, intentionally helping someone commit suicide, and causing the death of a fetus by hurting the mother.\u00a0<\/span><\/p>\n Handling a firearm recklessly could lead to a manslaughter charge if the gun goes off and unintentionally kills someone. In other cases, someone may leave a baby on their own in a bathtub, which accidentally leads to the child\u2019s death. As mentioned, manslaughter charges may also be related to driving, such as a DUI crime that kills another person.\u00a0<\/span><\/p>\n Taking someone\u2019s life is the most serious crime of all, whether it\u2019s a manslaughter or murder charge. It\u2019s essential that you have an experienced and knowledgeable criminal defense attorney<\/a> on your side at this time.<\/p>\nWhat You Need to Know About Manslaughter in Arizona<\/h2>\n
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Requirements for a Manslaughter Charge<\/h2>\n
Motor Vehicle-Related Manslaughter Crimes<\/h2>\n
Driving Under the Influence\u00a0<\/span><\/h3>\n
Aggressive Driving<\/h3>\n
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Excessive Speed<\/h3>\n
Racing<\/h3>\n
Penalties for Manslaughter in Arizona\u00a0<\/span><\/h2>\n
Possible Defenses for Vehicular Manslaughter<\/h2>\n
FAQ on Manslaughter and Related Crimes in Arizona<\/h2>\n
Q: How does negligent homicide differ from manslaughter?<\/h3>\n
Q: What is the difference between murder and manslaughter?<\/h3>\n
Q: What are some other examples of manslaughter crimes?<\/h3>\n
What to Do if You’re Facing Charges<\/h2>\n